012.pdf

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 1 of 9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
C.L.,
Plaintiff,
vs.
JEFFREY EPSTEIN,
Defendant.
I ------------
JUN 1 4 2010
STEVEN M. LARIMORE
CLERK U.S. DIST. CT.
S.D. OF FLA. -W.P.8.
Defendant, Jeffrey Epstein's Emergency Motion For Protective Order, Motion to
Quash and Motion for Attorneys' Fees, With Incorporated Memorandum Of Law
Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN") by and through his
undersigned attorneys, hereby files his Emergency Motion For Protective Order, Motion
to Quash and Motion for Attorneys' fees and Costs, With Incorporated Memorandum Of
Law. In support, Defendant states as follows:
1. As this Court is well aware, these cases have been consolidated for discovery.
However, on April 1, 2010, Plaintiffs counsel, Spencer Kuvin, filed C.L. v. Epstein,
Case No. 10-80447-cv-Marra/Johnson, and that case has not been consolidated with the
other related cases for purposes of discovery.
2. On April 20, 2010, Mr. Kuvin served Maritza Milagros Vasquez with a subpoena
for deposition, which is set to occur tomorrow. See Exhibit "A". However, this Notice
and subpoena for deposition must be stricken/quashed as Mr. Kuvin, on behalf of his
client, has failed to comply with Fed.R.Civ.P. 26 (d). That rule states, in pertinent part,
that: "[a] party may not seek discovery from any source before the parties have conferred
as required by Rule 26(f) .... " Mr. Kuvin, on behalf of his client, has not complied with
Rule 26(f) and, therefore, the subpoena for deposition must be stricken/quashed and a
Protective Order should be entered pursuant to Rule 26( c) forbidding the deposition from
1

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 2 of 9
occurring for non-compliance with the applicable rules. In Varo, Inc. v. Litton Systems,
Inc., 129 F.R.D. 139, 141 (N.D. TX 1989), the court held that one cannot be compelled to
comply with a withdrawn subpoena. Id. Likewise, the court here cannot compel Maritza
Milagros Vasquez to attend any deposition when the subpoena itself is invalid, especially
when it will require those involved in these matters to incur substantial attorneys' fees.
3. Next, Mr. Brad Edwards, counsel for Jane Doe, cross-noticed Maritza Milagros
Vasquez's deposition in Jane Doe (#08-80893 - Exhibit "B"), which matter is already set
for trial in July 2010. Discovery concluded on May 31, 2010 (see DE 531).
Accordingly, the cross notice served by Jane Doe must be stricken/quashed and a
protective order entered because the subpoena itself in invalid due to C.L.' s counsel's
failure to comply with Rule 26(d) and discovery in Jane Doe (80893) has concluded.
Rule 7.1 Certification
I hereby certify that counsel for the respective parties communicated by e-mail in a
good faith effort to resolve the issues set forth above prior to the filing of this Motion and
none of the issues were resolved.
WHEREFORE, Defendant requests that this Court enter an order granting
Defendant's motion for protective order and motion to quash. Defendant further requests
that this Court award his attorney's fees and costs associated with this motion, in
accordance with Rule 37, Fed.R.Civ.P. and applicable Local Rules and specifically:
a. Quash CL's subpoena attached as Exhibit "A";
b. Quash and/or strike Jane Doe's cross notice as to Exhibit "A" because
Exhibit "A" is invalid and discovery has concluded in Jane Doe;
c. Award attorneys to Defendant for CL and Jane Doe's noncompliance with
these discovery matters; and
d. for such other and further relief as this court deems just and proper.
2

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 3 of 9
By· a.
MICHAEi::PI~SQ.
Florida Bar #617296
Certificate of Service
I HEREBY CERTIFY that a true copy of the foregoing was electronically filed
with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is
being served this day on all counsel of record identified on the following Service List in
the manner specified by CM/ECF on this~ day of June , 2010.
Spencer T. Kuvin, Esq. (Fla. Bar No. 089737)
skuvin@leopoldkuvin.com
Gregory S. Weiss, Esq. (Fla. Bar No. 163430)
gweiss@leopoldkuvin.com
Leopold-Kuvin, P.A.
2925 PGA Blvd., Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 515-1400
Fax: (561) 515-1401
Counsel for Plaintiff
Jack Alan Goldberger, Esq.
Atterbury Goldberger & Weiss, P.A.
250 Australian A venue South, Suite 1400
West Palm Beach, FL 33401-5012
561-659-8300
Fax: 561-835-8691
jagesg@bellsouth.net
Counsel for Defendant Jeffrey Epstein
Respe"tfull)'. ubmitted,
By:
ROB_E_R_T-=D'-_-c-+--T-O_N_, J-R-.,-E_S_Q_. -
Florida Bar No. 224162
rcrit@bclclaw.com
MICHAEL J. PIKE, ESQ.
Florida Bar #617296
mpike@bclclaw.com
BURMAN, CRITTON, LUTTIER &
COLEMAN
3

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 4 of 9
303 Banyan Blvd., Suite 400
West Palm Beach, FL 33401
561/842-2820 Phone
561/515-3148 Fax
( Counsel for Defendant Jeffrey Epstein)
4

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 5 of 9
c·
·,
AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action
UNITED STATES DISTRICT COURT
for the
Southern District of Florida
C.L.
Plaintiff
v.
)
)
)
)
)
)
Civil Action No. 10-80447-cv-Marra/Johnson
JEFFREY EPSTEIN (If the action is pendinp; in another district, state where:
Defendant
SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
To: MARITZA MILAGROS VASQUEZ, 1253 SW 21STTERRACE, APT 21, MIAMI, FL 33145-2922
r{ Testimony:. YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
deposition to be taken in this civil action. If you are an organization that is not a party in ·this case, you must designate
one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf
about the following matters, or those set forth in an attachment:
Place: INTELLIGENT OFFICE, 701 BRICKELL AVENUE,
SUITE 1550, MIAMI, FL 33131
Date and Time:
05/18/2010 10:00 am
The deposition will be recorded by this method: VIDEOGRAPHER AND CQURT REPQRTER
CJ Production: You, or your representatives, must also bring with you to the deposition the following documents,
electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
material:
The provisions ofFed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
attached.
Date: 04/08/2010
CLERK OF COURT
OR
Stgnature o/Clerk or Deputy Clerk Attorney's signature
The name, address, e-mail, and telephone number of the attorney representing (name of party) C.L.
----------~---'--------,-----'-----_;.. , who issues or requests this subpoena, are:
SPENCERT. KUVIN, ESQ., LEOPOLD-KUVIN,PA, 2925 PGABOULEVARD, SUITE 200, PALM BEACH GARDENS,
FLORIDA 33410 • •
T: 561-515-1400 F: 561-515-1401
,,
"A"

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 6 of 9
AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
Civil Action No. 10-80447-cv-Marra/Johnson
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title, if any)
was received by me on (date)
□ I served the subpoena by delivering a copy to the named individual as follows:
on (date)
□ I returned the subpoena unexecuted because:
; or
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
$
My fees are$ for travel and $ for services, for a total of$ 0.00
l
I declare under penalty of perjury that this information is true.
Date:
Server's signa~re
Printed nam~ and title
Server's address
Additional information regarding attempted service, etc:

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 7 of 9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
JANE DOE,
Plaintiff,
Vs.
CASE NO. 08-CV-80893-CIV-MARRA/JOHNSON
JEFFREY EPSTEIN, et al.
Defendant.
I --------------
Related Cases:
08-80119, 08-80232, 08-80380, 08-80381,
08-80994, 08-80811, 08-80893, 09-80469,
09-80591, 09-80656, 09-80802, 09-81092
______________ /
PLAINTIFF'S CROSS-NOTICE OF VIDEO DEPOSITION OF
MARITZA MILAGROS VASQUEZ
PLEASE TAKE NOTICE that plaintiff, Jane Doe, will take the video deposition by
oral examination, of the persons named below, at the time, on the date, at the hour of
the place indicated:
NAME DATE AND PLACE OF TAKING DEPOSITON
TIME
Maritza Milagros Vasquez June 15, 2010@ Intelligent Office
10:00AM 701 Brickell Avenue, Suite 1550
Miami, FL 33131
upon oral examination before Videographer and a Notary Public, or any other notary
public or officer authorized by law to take depositions in the State of Florida. The oral
examination will continue from day to day until completed. The depositions are being
II /!J 11
"B"

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 8 of 9
CASE NO: 08-CV-80119-MARRA/JOHNSON
taken for the purpose of discovery, for use at trial, or for such other purposes as are
permitted under the Rules of Court.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was served by e-mail on May 12,
2010 to: See attached service list.
Bradley J. Edwards
Farmer, Jaffe, Weissing,
Edwards, Fistos & Lehrman, PL
425 N. Andrews Ave., Suite 2
Fort Lauderdale, FL 33301
(954) 524-2820
(954) 524-2822 fax
brad@pathtoj~
By: 5~
BRADLEY J. EDWARDS
Florida Bar No.: 542075
2

Case 9:10-cv-80447-KAM Document 12 Entered on FLSD Docket 06/14/2010 Page 9 of 9
CASE NO: 08-CV-80119-MARRA/JOHNSON
SERVICE LIST
Jane Doe v. Jeffrey Epstein
United States District Court - Southern District of Florida
Jack Alan Goldberger, Esq.
Jgoldberger@agwpa.com
Robert D. Critton, Esq.
rcritton@bclclaw.com
Isidro Manual Garcia
isidrogarcia@bellsouth.net
Jack Patrick Hill
iph@searcylaw.com
Katherine Warthen Ezell
KEzell@podhurst.com
Michael James Pike
MPike@bclclaw.com
Paul G. Cassell
cassellp@law.utah.edu
Richard Horace Willits
lawyerswillits@aol .com
Robert C. Josefsberg
rjosefsberg@podhurst.com
Adam D. Horowitz
ahorowitz@sexabuseattorney.com
Stuart S. Mermelstein
ssm@sexabuseattorney.com
3